Informal Approaches to Resolution by the Parties
Get started here. We recommend some simple, practical steps to resolving your competing claim.
We find the fastest way to resolve a competing claim is to pick up the phone and have a chat. It might be that the competing claim has been made unintentionally and a quick call to clarify is all that it takes to reach a resolution. Ask the other party to check that their registration reflects their contractual position and explain the basis of your entitlement to the royalties.
Informal approaches to resolving competing claims have proven to be very effective and inexpensive.
Express Resolution Process (ERP)
The Express Resolution Process (ERP) opens express pathways to the resolution of certain competing claims based on Australian copyright law, standard industry practice and industry agreed contracts.
Under the ERP a presumption of entitlement is applied that identifies the party that is most likely the rightsholder. The other party is then offered an opportunity to challenge and overturn the presumption.
This Screenrights initiated process makes faster, more efficient resolution of competing claims possible. Read more about the ERP and the presumptions that may be applied to your competing claim.
Alternative Dispute Resolution (ADR) Procedure for Competing Claims
In limited cases the parties to a competing claim find that they are unable to reach a resolution themselves. Screenrights has alternative dispute resolution procedures to assist members in these cases.
The resolution options available under the ADR include internal decisions by a Screenrights representative, mediation facilitated by an independent, trained mediator and determination by an independent legal expert. There is also the facility for royalties to be released to a solution seeking party, subject to certain conditions being met, in the event that the other party to the competing claim is non-responsive.